United States ConstitutionFounding Fathers Beliefs

Original Intent of the Bill of Rights

Roots of the Bill of Rights

“Excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.” – Declaration of Independence

“No freeman shall be amerced (punished) for a small offense only according to the degree of the offense.”- Magna Carta

“The inhabitants against their wills have been compelled to receive them (soldiers) into their houses…against the laws and customs of this realm.” – Petition of Rights

What speech should be protected?

Bill of RightsI. First Amendment

Freedoms Given A. Speech

1. Types of Speech (4):

Bill of RightsI. First Amendment

2. Elements to Consider:

Bill of RightsI. First Amendment

3. Public Forums

Bill of RightsI. First Amendment

4. Limits on Free Speech Defamatory Speech-

5. Incorporation

Bill of RightsI. First Amendment-CP

B. Press Seditious Libel-

* 1735- Trial of John Peter Zenger

“Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” - Thomas Jefferson

Bill of RightsI. First Amendment

B. PressElements of:

Bill of RightsI. First AmendmentB. Press

New York Times v. U.S. – 1971

“Pentagon Papers”

Bill of RightsC. Religion

“Congress shall make no law respecting an establishEstablishment Clause-

Free Exercise Clause-

Bill of RightsC. Religion-Separation of Church and State CP

Everson v. Board of Education (1947)-

*Court also held that government may not impose taxes for their support.

Bill of RightsC. Religion-Separation of Church and State-CP

How high a wall?“In God We Trust”

Gov. mtg. w/ open prayer

Bill of RightsC. Religion-

Lemon Test: 1.) 2.) 3.)

Bill of RightsC. Religion

Secular-

School Prayer

Equal Access Act- 1984

Free Exercise Clause-Belief v. Action – absolute v. not absolute

Bill of RightsD. Assembly- “to peaceably assemble”

E. Petitioning the Government

Bill of RightsII. 2nd Amendment

“A well regulated Militia, being necessary to the security of free State, the right of the people to keep and bear Arms, shall not be infringed.”

Bill of RightsII. 2nd Amendment

“well-regulated militia”Does this phrase mean that people are only allowed to bear arms if they are part of a militia or defending the country?

One critical question: What is a militia?

Bill of RightsII. 2nd Amendment

United States v. Miller – 1939 –CP.

2nd Amendment only applies to the national government, not states or local communities.

The debate continues!

Bill of Rights

Michigan Militia VS.Columbine High School

Bill of RightsIII. 3rd Amendment “No Soldier shall, in time of peace be quartered in

any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Bill of RightsIV. 4th Amendment“The right of the people to be secure in their persons, house, papers,

and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oat or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Bill of RightsIV. 4th Amendment

Search & SeizuresElements of:

Bill of RightsIV. 4th Amendment

Unreasonable Search & Seizure

Bill of RightsV. 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Bill of RightsV. 5th Amendment

Guarantees:

Prohibits:

Bill of RightsVI. 6th Amendment

Elements of:

Bill of RightsVII. 7th Amendment

Guarantees-

Bill of RightsVIII. 8th Amendment

Excessive bail shall not be required, nor, excessive fines imposed, nor

cruel and unusual punishments inflicted.

Bill of RightsVIII. 8th Amendment

Elements of:

Bill of RightsIX. 9th Amendment

The people retain, or keep, other rights not listed in the Bill of Rights.

“…rights shall … retained by the people.”

Bill of RightsX. 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”